Metabolizing Alcohol is Not an Exigent Circumstance: Warrants are required for DUI blood tests

Posted By
Mazaheri Law Firm

Recently, a majority of States asked the Supreme Court to rule that warrants
are not required for DUI blood tests. Answering this question in
Missouri v. McNeely, the Supreme Court determined that DUI blood tests are a search under
the 4thAmendment. Therefore, DUI blood tests will likely require a search
warrant before they can be performed. Additionally, metabolizing of the
alcohol in the blood by the body (which lowers the blood alcohol content)
by itself is not sufficient to justify a "destruction of evidence"
exigent circumstance exception to the 4th Amendment warrant requirement.

The case involved McNeely, who was stopped in Missouri for speeding and
crossing the centerline. He refused to consent to a breathalyzer test,
and then he was taken to hospital and forced to give a blood sample for
a blood alcohol test without a warrant. His test showed he had high blood
alcohol content. He attempted to suppress the blood evidence at his trial
and the trial court agreed.

The Supreme Court declined to create a per se rule that an exigent circumstance
exists for every roadside stop where an officer suspects drunk driving.
Instead, the Court affirmed the case-by-case nature of determining whether
exigencies exist. Thus, when it would be "reasonabl[e to] obtain
a warrant before having a blood sample drawn without significantly undermining
the efficacy of the search," the warrant is required. Further, the
ease with which warrants can be obtained now compared to 50 years ago
supports requiring warrants before DUI blood tests can be performed, absent
any circumstances besides the metabolizing alcohol.

If you ever find yourself needing help fighting a DUI charge, we can help.
Call us at (405) 414 - 2222 to set up an appointment.